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CONFIRMA- charges, damages, and expences as shall be sus
Of Sale and
tained by the non-payment of the said annuity or yearly sum, or any part thereof, at the days and times aforesaid. IN WITNESS, &c. (1).
Confirmation of Sale and Conveyance of Premises, directed by a Testator to be sold for the Benefit of his Widow and five Children; and Release of Claims by a Person entitled to several Shares, and in several Capacities, and two other Persons entitled to Shares in their own Rights, in the Purchase Money.
THIS INDENTURE, of four parts, made, &c. BETWEEN (the person entitled in several capacities
(1) N. B. As the case originally stood, if a distress had been taken, and an action of replevin brought, it would have been incumbent on the grantee to have deduced a regular title, (i. e. a LEGAL title) from the freeholder down to himself, and as he could not do that, it was perfectly clear that as between him and the tenants, (who happened to be strangers) the grantee not being able to deduce a regular title to the legal estate, he would necessarily have failed, and consequently could not avail himself of the clause of distress contained in the deed of grant. Vide Gilb. Distress, 139. Though as between the grautor and grantee, the deed would have been an estoppel. That in order to give the grantee a complete indefeasible power of distress and entry, it was necessary by fresh conveyances to vest the legal estate in the grantor, and then for him to create a charge with a power of distress and entry, &c. In respect to the power of entry, it should seem that, if the case of Jemmet v. Cooley, Sir Thomas Raymond's Reports, 158, he good law, the grantee, in case the annuity be in arrear, will be entitled to reduce his interest into possession by ejectment. See also Saunders, 112, and Bacon's Abr. title Annuity, C. 119. 1 Term Rep. 378.
Recites that the
children, two of
and Maria his wife, of the first part; (her brother CONFIRMAHenry, who had lately come of age), of the second part; (her sister, who had also lately come of age), Of Sale and of the third part, and the within named (purchaser) of the fourth part. WHEREAs the within named (the testator) left, at the time of his decease, five name left five children, by the within named Lucinda his wife whom were in(to wit), John, party to the within written indenture, Maria (the wife of the said first party), Henrietta (the wife of the said Henry), and Louisa, which said Henry and Louisa were then infants. AND WHEREAS, by a certain indenture of ment, bearing date on or about the
assign- Recites assignday of the children's
ment of one of
shares to her
eldest br ther,
band of her
and made between (the said Henrietta and her and the hushusband) of the one part, and (the eldest son) sister Maria. party to the said within written indenture, and (the said first mentioned party) of the other part, in consideration of the sum of
to the said (husband of Henrietta), with the consent of the said Henrietta his wife (testified as therein mentioned), paid by the said (eldest son, and the husband of Maria), in the manner therein. mentioned, and of 5s. to the said Henrietta paid by the said (eldest son, and the husband of Maria), they the said (Henrietta and her husband) did, and each of them did grant, bargain, sell, assign, and transfer to the said (eldest son, and the husband of Maria) all the share and interest of or accruing to the said (Henrietta and her husband, or either of them, after and subject to the life estate of (the widow of the said testator) therein, of and in all and singular the purchasemoney and produce accruing from the sale of the said within mentioned hereditaments, and the stocks, funds, and securities, wherein the same
Of Sale and
CONFIRMA should be placed out and invested, and all their estate right, title, interest, claim, and demand whatsoever: To HOLD the same share to those the said (eldest son, and the husband of Maria), in equal shares, as tenants in common, from thenceforth, for their respective proper use and benefit. AND WHEREAS the said (eldest son), party to the appointing the said last recited indenture of assignment, is since sister Maria his dead, having first made his last will and testament,
The death of the eldest son,
husband of his
come of age,
rights of the parties.
bearing date the
year of our Lord whereby (inter alia) he gave and bequeathed all his personal estate and effects, of what nature or kind soever, unto (the brother of Maria), to be by him sold and disposed of, and converted into money, and applied as therein directed, and of his said will appointed the said (brother) sole executor, who duly proved the same in the prerogative court of Canterbury, Recites that the on or about, &c. AND WHEREAS the said (testator's infant children, naming them) have now seveand also the rally attained the age of twenty-one years, and the said (husband of Maria), being, as the executor of (the eldest son, deceased), entitled to one fifth part, and one moiety of a fifth part of the within mentioned purchase-money, subject to the life interest therein of (the testator's widow), and also being in his own right as purchaser under the said recited assignment, and also in right of the said Maria his wife, entitled to one other fifth part, and one other moiety of a fifth part of the same purchase-money, and the said (two adults) being each entitled to his and her own right to one other fifth part each of the same purchase-money, making altogether five fifths, or the entirety of the same purchase-money, have respectively agreed to ratify and confirm the sale of the within men
Of Sale and
tioned hereditaments so made by the within named CONFIRMAtrustees to the said (purchaser) as aforesaid, and to release the same hereditaments from all claims and demands whatsoever in the manner hereinafter appearing. Now THEREFORE THIS INDENTURE Consideration. WITNESSETH, That in consideration of the premises, and also for and in consideration of 5s. to each of them the said (Maria and her husband, and her brother and sister), paid by the said (purchaser), at or before the sealing and delivery of these presents, the receipts whereof are hereby respectively acknowledged, THEY the said, &c. in their several and respective rights and capacities aforesaid, and according to their several and respective shares and interest whatsoever, DO, and each and every of them DOTH hereby acknowledge that the nett value and amount of the within mentioned sum of the purchase-money for the within mentioned hereditaments (after deducting the sum of for the expences
attending the sale), being the sum of
sale and con
was invested in the names of the within named (two trustees), in the purchase of 3 per cent. consolidated bank annuities, upon the trusts of the within mentioned will of the said (testator), deceased; and do testify and declare their respective consent to the sale so made, as aforesaid, to the said (purchaser); and further, do hereby (ac- Ratification of cording to their several and respective rights and veyance. interests) ratify and confirm the within written indenture, and every grant, clause, covenant, and agreement, therein mentioned. AND THIS INDENTURE FURTHER WITNESSETH, that for the considerations aforesaid, they the said, &c. in their respective rights and capacities aforesaid, and ac
CONFIRMA- cording to their respective shares and interests, HAVE, and each and every of them HATH, reOf Sale and mised, released, acquitted, exonerated, and discharged, and by these presents Do, and each and every of them DOTH (according to their several and respective rights and interests), promise, release, acquit, exonerate, and discharge the said within mentioned messuage or tenement, and bereditaments, from and against all actions, claims, and demands whatsoever, both at law and in equity, or otherwise howsoever, which they the said, &c. or any or either of them, ever had, or now have, or which they or any or either of them can, shall, or may have, claim, make, set up, challenge, or demand, for or by reason or means of the said recited wills of the said (father and son) deceased, or for or by reason or means of any matter, cause, or thing whatsoever, relating thereto. AND the said (husband of Maria, and her brother and sister), for themselves, and for their several and respective heirs, executors, and administrators, and not one, nor any of them for the others, or other of them; AND ALSO, as to the said (husband), for the acts, deeds, and defaults, of (his wife), her heirs, executors, and administrators, as aforesaid, do hereby, according to their several and respective interests, severally and respectively covenant, promise, and agree to and with the said (purchaser), his heirs and assigns, that they the said, &c. shall and will, from time to time, and at all times hereafter, at the request and at the proper costs and charges of the (purchaser), his heirs and assigns, make, do, and execute, or cause or procure to be made, done, and executed, all and every such further and other